REHABILITATION OVER INCARCERATION: A CRITICAL EVALUATION OF JUVENILE POLICIES IN NIGERIA

Abstract

This paper scrutinises the justice system for juvenile in Nigeria, placing attention on the divide between incarceration and rehabilitation as approaches to managing juvenile offenders. It argues that the current reliance on incarceration is detrimental to the welfare of young individuals and society at large. This research contextualizes rehabilitation as a more effective and reformative policy, emphasizing its potential to reduce recidivism and promote positive societal acceptance of juveniles. It highlights the evolution of juvenile policies in Nigeria, tracing the inadequacies of existing legal frameworks, such as the Children and Young Persons Act (1993) and the Child Rights Act of 2003. The paper also addresses the challenges faced in implementing rehabilitation programs, including societal stigma, inadequate resources, and the lack of trained personnel. Through a doctrinal research methodology which involves analysis of statutes, legal texts, existing reports, literature and case studies, the study advocates for a paradigm shift towards policies that prioritize the holistic treatment of young offenders, ensuring their rights are protected while fostering their reintegration into society. It also provides recommendations for enhancing the rehabilitation dimension of juvenile justice with an examination of rehabilitative policies for juveniles in the United States of America. Ultimately, this research contributes to the ongoing discourse on juvenile justice in Nigeria, calling for urgent reforms that is attune with standards of the international system.